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Disciplinary Proceedings

Have you been suspended, are you attending a disciplinary hearing or just been invited to a disciplinary investigation

Do you think your employer is treating you unfairly; we can help and support you with your defence.

Any worker at some point, may have some kind of disciplinary or performance problem at work; this could mean that you are being disciplined for:

  • Time keeping including your sickness record
  • A false accusation (i.e. accused of theft, bullying etc)
  • Capability or competency issues (i.e. performance related)
  • An issue which is related to an issue outside of work
  • Use of email, telephones and internet
  • Comments and actions on Social media sites such as Facebook
  • Any disciplinary problem at work

If you find yourself facing a disciplinary investigation, been suspended or invited to a disciplinary hearing which could result in either a formal written warning or even dismissal. Give us a no obligation call to see how we can help or give you some free advice

Misconduct 

If your employer thinks you are guilty of misconduct or that you are not doing your job properly it is likely they may start some kind of formal or informal procedure. In law this is called a disciplinary procedure, although some employers may call a misconduct hearing a disciplinary hearing and an accusation that you cannot do your job properly a capability or competency hearing.

Large organisations are likely to have a formal procedure which will be described in your staff handbook or set out in your contract of employment.

But there is no legal requirement on employers to have a formal process. Small employers in particular may not have a set procedure and may want to operate informally or set up a procedure if and when one is needed. At worst you may find that you are simply called into your manager's office and find that you have been sacked. But whatever approach your employer adopts or whatever the procedure is called the law is clear. 

If the process or meeting could result in a formal warning that you must improve, some kind of sanction taken against you or start a process that may result in you losing your job then in law it is a disciplinary hearing. To be valid you must have been given the opportunity to take a colleague or trade union representative into the hearing with you. 

You employer should allow an appeal against any decision they make. This would count as a disciplinary hearing and you have the right to be accompanied. If there is no appeal allowed, and you consider the sacking to be unfair because you are innocent or that you consider your employer has over-reacted to a minor offence, then you may be able to take a case to an Employment Tribunal. 

Is the Company treating you differently and discriminating against you?

If you are being treated differently to others because of your age, race, sex, disability or any other form of discrimination, you may have a claim at an employment tribunal. What was the real reason for your dismissal? Did you get dismissed because you are able to collect your pension? Are ethnic minorities disciplined more than the white workers?

Is your boss getting back at you for something you said or did?

If it seems that you are being targeted because you raised a grievance, challenged a decision, raised concerns about Health and Safety, complained about someone within the company or feel that you are being unfairly disciplined, then you will be protected by the law.

Collecting evidence

It is important that you collect and retain as much evidence as you can, any documents that will support your case and prove that you are a good worker. Your employer may change their account of what happened and some of the documentation may be lost.

  • Performance evaluations and appraisals
  • Letter and emails praising you
  • Attendance records etc.
  • Recommendation
  • Computer records and saved emails
  • Notes from meetings, your diary
  • Names of witnesses that will support you

It is important that you keep this information at home in case you are dismissed.

Do you have the right to be accompanied to the meeting?

Any employee has the statutory right in line with ACAS code of practice to be accompanied by a trade union representative during the disciplinary process.

Premier Advocates can provide you with a Trade Union representative who specialises in accompanying employees during disciplinary issues even if you are not in a union.


During the disciplinary process the trade union representatives can: 

  • Accompany you during interviews with your employer 
  • Accompany you during disciplinary hearings 
  • Prepare your defence 
  • Present your case for you 
  • Ask questions of the employer
  • Ensure they follow the correct procedure

The only thing your trade union representative cannot do, is answer direct question for you or respond on your behalf if you don’t want them to.

If you are experiencing any problems at work or just want to discuss any issue, please contact us, with no obligation, to see how our expert trade union representatives might be able to support and accompany you at your place of work to try and resolve the problem.

                       

                                                ‘We fight for your rights and we stand by you’